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HomeTerms and ConditionsWeb Hosting Terms Of Service

XOOMSERVERS.NET Termsof Service

This is an Agreement between You - Customer of our Hosting Services, and the following companies, which partner with XOOMSERVERS.NET - LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida, and LiquidNet Ltd., a UK company headquartered in London, UK. Legal details about the two companies can be found in the 'Customer Service Contact Details' section of this document. For the sake of brevity, XOOMSERVERS.NET, LiquidNet US LLC and LiquidNet Ltd. will be referred to as 'XOOMSERVERS.NET' in this document.

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As a Customer of our Services, you need to be aware that, when signingup for an account with XOOMSERVERS.NET, you accept and agree to abideby our Web Hosting Terms of Service (this document) and our AcceptableUse Policy (AUP). The Order Form completion of the Service representsthe electronic signing of these two documents.  

As a Customer of our Services, you understand and agree also that it isbeyond the power of XOOMSERVERS.NET to restrict any public access tothe data that you position on our servers and guarantee the security ofyour files. In this respect, you accept that it is your obligation toprotect all the information that you make available to the wideinternet public through our web hosting network and assume allresponsibility for unveiling online personal data that could be abused. 

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  1. EntireAgreement; Service Agreement

  2. XOOMSERVERS.NET HostingServices

  3. ServiceActivation and Continuance Timescales

  4. FreeDomain Name Promotion

  5. ServiceExpiration and Renewal

  6. CustomerResponsibilities

  7. NoUnlawful of Prohibited Use

  8. E-CommerceCustomer Websites

  9. ThirdPartyDealings

  10. Cancellation,Refunds & Chargebacks 

  11. NewsReleases

  12. TorturousConduct

  13. ForceMajeure Circumstances

  14. ServiceProvision; Warranties and Representations

  15. ServiceDiscontinuance

  16. ComplaintsProcedure

  17. CustomerService Contact Details

  18. Revisions

  19. Assignment

  20. Termination

  1. ENTIREAGREEMENT;SERVICE AGREEMENT

    These Web Hosting Terms of Service, together with our Acceptable UsePolicy and the Domain Name Registration Agreement, constitute the wholeact of convention between You - the Customer, and XOOMSERVERS.NET.XOOMSERVERS.NET shall provide its Services to You under the Terms andConditions explicated in this Service Agreement. The Agreement isintended to clarify all aspects, rules and provisions of the businessrelationship between You - the Customer, and XOOMSERVERS.NET. It isalso intended to keep the integrity of this relationship and protectboth parties from liability. This Service Agreement will be enforced,if/when necessary, in order to be guaranteed the speed, power,performance, and reliability of our services.

    In the event that a court of competent jurisdiction declares any of theAgreement's provisions invalid, unenforceable, or void, the remainingprovisions will entirely preserve their validity. Customer's side ofthe Agreement can be presented by any of the following parties: anindividual over 18 years of age; a legal entity, such as a corporation,a limited liability company, etc. If a person represents the Customer,for some reason, he/or she must be legally authorized to act on hisbehalf, thus accepting, executing and delivering the Agreement. 

    This agreement shall be interpreted in consistence with the laws of theState of Florida, US, and shall serve to the benefit of the partieshereto and their respective heirs, executors, administrators,successors and assigns.

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  2. XOOMSERVERS.NETHOSTING SERVICES

    A web hosting service is a type of Internet service that offersindividuals and organizations/companies the resources to host their ownweb sites and store information, images, video, and other contentaccessible via the World Wide Web. A Storage Service Provider (SSP) isa company that provides computer storage space and related managementservices. SSPs offer also periodic backup and archiving.  

    XOOMSERVERS.NET offers only web hosting services, not data storageservices. A web hosting service consists of the following:  

    SERVICE FEATURES

    1. Disk Space- We use a clustered storage technology. This means that the storageresources of a hosting plan purchased from us are not confined to asingle server, but are distributed between multiple machines. This wayoptimal performance is guaranteed and higher server stability. It alsoensures that you will be able to avail of all the storage quota thathas been assigned to your particular account. Additional disk space isavailable as an upgrade option. Payment is accepted only in advance peryear. Contact sales for more information.

    2. Traffic- Each hosting plan includes prepaid monthly traffic in Megabytes. Thistraffic quota is shared between all sites hosted in a single account.In case that a hosting account exceeds its allowed traffic quota, itwill be suspended until the beginning of next month when the quota willrefresh automatically. Additional traffic is available as upgrade.Contact sales for more information.

    3. Hosted Domains- XOOMSERVERS.NET's hosting plans include domain hosting. Each hostingplan allows a particular number of domains that can be hosted.

    4. DomainRegistration/Transfer - available at regular or adiscounted price (depending on the chosen TLD) with the purchasing of aweb hosting account. Each account can host a maximum of one discounteddomain name. Domain registrations are final and are not subject torefund. More information regarding domain names can be found further inthis TOS (Terms of Service), in our Domain Name Registration Agreementand in the Domain Name Dispute Resolution Policy.

    5. E-mailaccounts- different number of e-mail accounts are available for setup with eachweb hosting plan.  

    6. MySQL/PostgreSQLDatabase(s) - MySQL databases are included in all webhosting plans. Additional databases are available as upgrade.PostgreSQL databases can be either included or optional. Contact salesfor more information.

    7. DatabaseStorage- Each hosting account has a limit of database storage. This storage isshared between all the databases in a single hosting account.Additional database storage is available. Contact sales for pricing.

    8. IP Address- XOOMSERVERS.NET's hosting accounts do not include dedicated IP addresses, unless listed in plan features. Dedicated IP addresses can be purchased at any time as an upgrade to the web hosting service provided by XOOMSERVERS.NET. Dedicated IP addresses are purchased for a period of at least one year and are non-transferable to other web hosting providers. Contact sales for more information.

      NB: Please note that according to IANA - the entity that coordinates the global pool of IPs, newly requested dedicated IP addresses must be used within 7 days of their allocation. So, if you request a dedicated IP address from your Control Panel and do not assign it to a host within 7 days of the allocation date, then the IP address will be taken back to the global pool of IPs. If so, you will need to re-request the IP address from the Dedicated IP Addresses section of your Control Panel.

    9. SSH- Incase your hosting account does not include SSH, please contact salesdepartment for more information on how to obtain it. Payment isaccepted only in advance per year.  

    10. IDProtection- This service ensures that your private contact information will notbe visible in the domain's WHOIS details. Optional for all hostingplans, but available only with certain TLDs, supporting this option. 

    Detailed information about all features included in our web hostingpackages is available on our web hosting plan pages.

    INSTALLATION AND TROUBLESHOOTING

    Each customer will be able to take advantage of our Installation & Troubleshooting service upgrade. It allows users to get one-time expert assistance from our technical support team or system administrators for a period of 1 hour. The Installation & Troubleshooting is intended for:

    - Hacked sites cleaning and restoration service
    If you find your website hacked or reported to be infected you can rely on our help getting this fixed for you. This service included a backup of the current content, cleaning and/or restoring broken files from original script installation or restore from a previous copy.

    - Script, theme, plugin installation service
    If you need any software installation, theme/template or even plugin installation that you do not wish to deal with, we can do it for you. We will backup the current site (if any) and complete the desired installation for you.

    - Scripts troubleshooting and debugging services
    In case you have an issue with a software that you are unable to handle, we can do the troubleshooting and fix it for you.

    - Manual files, database or emails transfers between hosting accounts using our services. If you want to move a site or few over to another account we can handle the migration for you hassle free.

    The Installation & Troubleshooting will not apply in the following cases:

    - Our installation service covers only fresh installations (no upgrades). We will not perform custom work or upgrade to a recent version on an already existing scripts.
    - The service will not include any configuration of the scripts beyond their installation. After the scripts are being activated and operational any further tweaking and setup is done by the client.
    - We will only provide installation and troubleshooting if the hosting is provided by us on our Linux Based Servers. We do not provide the service for any Windows, Linux and MAC servers which are not powered and managed by us.
    - We don-t provide any warranties and will not be held responsible for any data loss or any script, theme, plugin not operating as intended.

    "UNLIMITED" USAGE POLICIES AND DEFINITIONS

    The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by XOOMSERVERS.NET, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

    In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

    Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. XOOMSERVERS.NET will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, XOOMSERVERS.NET reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to XOOMSERVERS.NET's sole and absolute discretion.

    SERVICE PAYMENTS AND RECURRING CONTRACTS

    When signing up for an account with XOOMSERVERS.NET, the Customeragrees to pay for the period of one year (365 days) and abide by ourOrder Verification Policy. Our Sales Department will strictlyscrutinize each account order and carefully processes each payment inorder to ensure that no fraudulent user can take advantage of our webhosting system. In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.

    XOOMSERVERS.NET will charge customers with fees based on the feestructure of our web hosting system at the time of the sign-up process.XOOMSERVERS.NET reserves the right to introduce price changes to thepackages when needed. This means that the current price list at our webstore may differ from the pricing of your web hosting account.

    Each customer of ours will be able to take advantage of the packagehe/she has purchased at the introductory price levels, and with one andthe same set of features in the course of the whole contract period.XOOMSERVERS.NET reserves the right to introduce certain changes to thepackages (in the form of complementary services) to the benefit of thecustomers.

    When you pay for a web hosting plan with a domain via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor. All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account.

    We’ll send you a reminder of the due payment at least 24 hours before the automatic charge takes place.

    You can cancel the subscription at any time from your Control Panel -> My Account -> Recurring, or directly through PayPal - if it’s a PayPal account subscription.

    SERVICE GUARANTEES  

    XOOMSERVERS.NET guarantees 99.9% network uptime and server stability.This, however, does not refer to problems stemming from:  

    1. Server Hardware Breakdown;

    2. User error(s) or purposeful interruption(s) of the userservice (e.g.if the client shuts his/her own server down, XOOMSERVERS.NET is notresponsible for the downtime);

    3. Failure due to software that is not explicitlysupported by XOOMSERVERS.NET. If a hardware crash provoked by thecustomerconsequently occurs, XOOMSERVERS.NET is beyond the control andresponsibility for the resulting downtime.

    For more information, please read our Service Level Guarantees.

    ACCOUNT/DATA BACKUP

    Our backup service is provided as a courtesy to you and therefore, XOOMSERVERS.NET will be in no way held responsible for the files stored in your account. You, as a customer, agree to take full responsibility for all the files in your account and to maintain an appropriate backup of the data stored on our servers. We will back up the files located in the /www folder of your account, as well as the databases you have created. Backups are only kept for a period of 7 days. After this period, a backup cannot be restored. 

    General Backup: The default available backup disk storage space for each customer is 5 GB. User accounts with content over 5 GB cannot be (partially or entirely) backed up. Additional space for backup purposes is available under our Upgrade section in the Control Panel. We provide backup services only to accounts with disk space usage below the purchased backup quota limit. For example, if the purchased data backup quota amounts to 20 GB, we will back up your files as long as your account's disk usage does not exceed the 20 GB quota limit. As soon as this 20 GB quota limit has been reached - the backup script will no longer back up any of your files.

    Database Backup: Our database backup script WILL NOT back up databases, which contain more than 256 tables. Databases bigger than that take too much time and use too much of the server's resources to be backed up.

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  3. SERVICEACTIVATIONAND CONTINUANCE TIMESCALE

    30-DAY FREE TRIAL

    All our web hosting plans include a 30-day free trial option, which can be enabled as soon as a given Customer has created an account. Only new Customers can take advantage of this possibility. The free trial period itself will expire 30 days after activation.

    During the free trial period, the account will operate with several limitations, which may differ based on the chosen package. More information on the subject will be sent to the Customer on the free trial period's start date. After the trial period ends, the Customer will no longer have access to the Service unless they complete their purchase.

    All customer's data will be kept for up to 30 days after the end of the free trial period. In case that the customer does not complete the order procedure within that period, the data will be deleted from our servers.

    At any given time during the free trial period, the Customer may convert their free account into a standard paid account by clicking the “Complete Order” button in the Web Hosting Control Panel.

    SERVICE ACTIVATION

    For newlysigned up clients - the services are activated immediatelyafter our Sales Department gets in touch with the customer over thephone to verify the payment details (this is required due to the highfraud activity spreading online, and in order to be preventedfraudulent orders). The payment verification procedure is obligatoryand if we fail to approve a transaction within 48 hours of the paymentsubmission, the funds will be credited back to the payer and the orderwill be cancelled.  

    For existingcustomers - the services for existing customers, includingupgrade services and renewals, are activated immediately after ourSales Department receives the according service payment.

    CONTINUANCE TIMESCALES

    Shared WebHosting Accounts - all newly-created shared hostingaccountswith XOOMSERVERS.NET are valid for 1 year. They can be regularlyrenewed for another year that is added to the official expiration dateof the account. All account upgrades purchased from the Web HostingControl Panel are valid and are to be functional till the finalexpiration date of the respective web hosting account.

    Domain NameRegistration/Transfer - XOOMSERVERS.NET offers forregistration/transfer all TLDs (Top-Level Domains) displayed in thetable below. The TLDs can be purchased either together with a sharedhosting account (at regular or PROMOTIONAL price) or separately as anupgrade from the Web Hosting Control Panel (all TLDs - atNON-PROMOTIONAL prices). The table below displays the minimum andmaximum registration period, as well as the annual NON-PROMOTIONALprice of each TLD:

    tldmin/max period of registration @ min period price
    .ae1-5 years @ $50.00 per year
    .asia1-10 years @ $30.00 per year
    .at1 years @ $30.00 per year
    .be1 years @ $20.00 per year
    .biz1-10 years @ $22.00 per year
    .ca1-10 years @ $30.00 per year
    .cc1-10 years @ $45.00 per year
    .ch1 years @ $30.00 per year
    .club1-10 years @ $30.00 per year
    .cn1-10 years @ $20.00 per year
    .co1-5 years @ $50.00 per year
    .co.il1 years @ $50.00 per year
    .com1-10 years @ $20.00 per year
    .com.au2 years @ $40.00 per year
    .com.cn1-10 years @ $20.00 per year
    .com.mx1-5 years @ $90.00 per year
    .company1-10 years @ $30.00 per year
    .com.tw1-10 years @ $50.00 per year
    .co.nz1-10 years @ $40.00 per year
    .co.uk1-10 years @ $16.00 per year
    .co.za1 years @ $30.00 per year
    .de1 years @ $20.00 per year
    .deals1-10 years @ $50.00 per year
    .dk1-3,5 years @ $50.00 per year
    .es1-5 years @ $20.00 per year
    .eu1-10 years @ $15.00 per year
    .family1-10 years @ $40.00 per year
    .fi1-5 years @ $30.00 per year
    .fr1 years @ $20.00 per year
    .fun1-10 years @ $20.00 per year
    .gr2 years @ $60.00 per year
    .guru1-10 years @ $50.00 per year
    .host1-10 years @ $100.00 per year
    .hosting1-10 years @ $345.00 per year
    .idv.tw1-10 years @ $50.00 per year
    .ie1-10 years @ $40.00 per year
    .in1-10 years @ $30.00 per year
    .info1-10 years @ $21.50 per year
    .it1 years @ $20.00 per year
    .jp1 years @ $55.00 per year
    .me1-10 years @ $30.00 per year
    .me.uk1-10 years @ $16.00 per year
    .mobi1-10 years @ $35.00 per year
    .mx1-5 years @ $90.00 per year
    .name1-10 years @ $20.00 per year
    .net1-10 years @ $23.05 per year
    .net.au2 years @ $35.00 per year
    .net.cn1-10 years @ $20.00 per year
    .net.nz1-10 years @ $40.00 per year
    .news1-10 years @ $35.00 per year
    .ninja1-10 years @ $30.00 per year
    .nl1 years @ $20.00 per year
    .no1 years @ $30.00 per year
    .nu1-10 years @ $30.00 per year
    .online1-10 years @ $33.00 per year
    .org1-10 years @ $22.50 per year
    .org.au2 years @ $45.00 per year
    .org.cn1-10 years @ $20.00 per year
    .org.nz1-10 years @ $40.00 per year
    .org.tw1-10 years @ $50.00 per year
    .org.uk1-10 years @ $16.00 per year
    .party1-10 years @ $29.00 per year
    .ph1-2,5,10 years @ $57.50 per year
    .pl1-3 years @ $50.00 per year
    .press1-10 years @ $61.00 per year
    .pro1-10 years @ $25.00 per year
    .pt1,3,5 years @ $30.00 per year
    .qa1-5 years @ $55.00 per year
    .ru1 years @ $15.00 per year
    .se1-10 years @ $16.50 per year
    .services1-10 years @ $50.00 per year
    .site1-10 years @ $25.00 per year
    .solutions1-10 years @ $30.00 per year
    .space1-10 years @ $16.00 per year
    .store1-10 years @ $49.00 per year
    .tech1-10 years @ $44.00 per year
    .top1-10 years @ $25.00 per year
    .tv1-10 years @ $50.00 per year
    .tw1-10 years @ $50.00 per year
    .uk1-10 years @ $16.00 per year
    .us1-10 years @ $20.00 per year
    .we.bs1-10 years @ $6.00 per year
    .website1-10 years @ $35.00 per year
    .ws1-10 years @ $50.00 per year
    .xyz1-10 years @ $20.00 per year

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  4. FREE DOMAIN NAME PROMOTION

    XOOMSERVERS.NET occasionally runs promotions offering FREE domain namesto customers signing up for a new web hosting account. This specialoffer is valid only with our PROMOTIONAL TLDs. However, in case thatthe money-back guarantee option is used, the domain name must be paid($9.95 per year per domain name). The domain name owner will haveaccess to a domain management account, and will be able to transfer thedomain name to another registrar.

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  5. SERVICEEXPIRATIONAND RENEWAL


    HOSTING SERVICE

    Thehosting serviceis active for one year (365 days). After the expiration of thatperiod, the account will be automatically suspended and will remainsuspended until the Customer renews it by paying its annualsubscription fee. In case that the Customer does not renew his/herhosting account, it will remain BLOCKED. The account data will bekept for two months, after that it will be permanently deleted.


    E-mailnotificationsregarding each account's expiration are dispatched twice - 14days and 7 days prior to the expiration date of the account. In orderto receive the notifications, the Customer must provide a valide-mail address. XOOMSERVERS.NET ensures that the e-mails are sent andtakes no responsibility for e-mails that are not delivered due toproblems with the recipient's e-mail address.



    DOMAIN NAMES

    Domainnames arevalid for the number of years of their registration (domain names canbe registered for the period of 1 to 10 years, depending on their TLD- top-level domain name - extension). After an expiration of adomain name several stages follow regarding its renewal.

    • Thedomain name Redemption Grace Period (RGP)is a registry level period that starts about 30 days after the domain name's expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:

      RegistrarTLDRGP fee
      LiquidNet.com, .net, .org, .info, .biz$90.00
      LogicBoxes.us, .in, .cc, .tv $90.00
      EURid.eu$20.00
      eNom.com, .net, .org, .info, .biz, .co, .asia, .ca, .name, .mobi,
      .tw, .com.tw, .org.tw, .idv.tw, .pro, .me
      $270.00

      The RGP period extends the time available for renewing domain names. However, any web site or e-mail services associated with the domain name will stop working and the domains that enter a redemption period may be removed from the zone files (the list of domain names currently in the global DNS).

    • After the Redemption Grace Period (or the renewal period – if RGP is not applicable) has passed, domain name(s) enter the so called ERGP (Extended Redemption Grace Period). During the first 120 days of the period in which the domain name is appointed to its ERGP period you are allowed to redeem the domain name and take ownership once again if you pay the fee for redeeming the domain name with all registration fees. When the 120 period lapses and you have not redeemed the domain name, the domain name will be considered deserted and you would have no further rights over the domain name registration.

      At that point domain name(s) can be: provided to third parties; XOOMSERVERS.NET may choose to auction the domain name(s); XOOMSERVERS.NET may return them in the public registration pool. All of these actions can be carried out at any time and without your consent.

    • After the redemption period of an expired domain name is finished, comes the Pending Delete Period- a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.

    • Releasedby Registry Period - the domain name is sent back into thepublic pool of domain names and is newly available for registration.


    Customersareadvised to renew their domain registrations before their domain namesare placed into redemption. When a domain name transits in redemptionperiod, we are not able any more to prevent its zone files from beingremoved from the DNS system, and the customer's web site and anyassociated services will stop working.

    During a domain name'sredemption period, we can assist the customer in retrieving his/herdomain name from deletion only if the domain name was registered withus. The customer will need to pay a REDEMPTION FEE (see the table above for more information) for the domain registration renewal (the redemptionfee isimposed by our Registrar). If the domain name was registered withanother registrar, the customer needs to contact that registrar formore information regarding its retrieving.



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  6. CUSTOMERRESPONSIBILITIES


    ACCOUNTREGISTRATIONAND MANAGEMENT


    Inconsideration oftheir use of the Service, customers agree to:


    • Provide true,accurate, current and complete information aboutthemselves as prompted by the registration form of theService. Maintain and promptly update their registration datato keep it true, accurate, current and complete. If the customerprovides any information that is untrue, inaccurate, not current orincomplete, or XOOMSERVERS.NET has reasonable grounds (at its solediscretion) to suspect that such information is untrue, inaccurate,not current or incomplete, XOOMSERVERS.NET has the right to suspendor terminate the customer's account and refuse any and all currentor future use of the Service (or any portion thereof). Ifuntrue details are used in order to avoid VAT the customer can beheld responsible by the respective national tax collecting agency.

    • Whenintroducing any changes to their contact details,customersare obliged to notify XOOMSERVERS.NET in the course of 10 businessdays after the changes become valid. The introduction of changesshould be done online through the customers' Web Hosting ControlPanel, not via e-mail. This requirement is also in force forXOOMSERVERS.NET, i.e. customers will be always aware of any contactinformation changes that the company places within its website. Thisway, flawless communication between both sides is guaranteed.

    • Customerswill receive a password and account designationuponcompleting of the registration process of the Service. Customers areresponsible for keeping the confidentiality of their passwords andaccounts, and are fully responsible for all activities that occurunder that password or account. Customers agree to: a) immediatelynotify XOOMSERVERS.NET about any unauthorized use of their passwordor account or any other breach of security; b) ensure that theysafely exit (log out from) their account at the end of each session.XOOMSERVERS.NET cannot and will not be liable for any loss or damageof account information arising from Customer's failure to complywith this provision.

    • Ifa hosting account is registered with details different than those ofthe person who paid for the account, and in the case of any dispute,XOOMSERVERS.NET will take the side of the person who paid for theaccount and shall not provide access to any other person, since -a hosting account owner is and will be considered to be the creditcard /PayPal account holder.

    • Ifthe hosting account owner deceased prior to the expiration ofhis/her account XOOMSERVERS.NET will require death certificate orany other legal document that can provide an official evidence forthat fact. Those who supply that information will be held legallyresponsible if the information is false or incorrect. Once suchdocuments are obtained, XOOMSERVERS.NET will be the sole arbiter inassessing whether the documents are authentic or not. A record ofthe obtained documents will be kept until the expiration of thehosting account.


    ACCOUNTUSAGE


    • CPUusage(or usage of the Central Processing Unit(s) of the web server thecustomer's account is hosted on) - The CPU usage is subject to someregulations. Each hosting accountcan use upto 10% of the CPU power for no longer than 180 seconds at any giventime, and/or the percentage given per 24 hours in the featuresconfiguration of the Customer's plan. XOOMSERVERS.NET's webhosting plans include the following CPU quotas (per 24 hours).

      Web Hosting Plan Name CPU Limit
      MY XOOM 5%
      BUSINESS 5%
      CORPORATE 7%
      ENTERPRISE 10%

      XOOMSERVERS.NET strongly recommends that customers bevery judicious when using theCPU power for their accounts. We reserve the right to block files orscripts that excessively use CPU. We may suspend also the Customeraccount in the case of registered impact on other accounts on theserver or disturbance caused to its functioning. If we do block orsuspend an account, then its owner will be notified of the situationand given an explanation, and/or offered to upgrade to a dedicated ora semi-dedicated web hosting solution

    • Emails- Users are not allowed to send more than 1500 emails per day/150 emails per hour per hosting account (each email can be sent to a maximum of 50 recipients, as each unique recipient will be counted as one message sent). Users are not allowed to send more than 1500 emails a day using a mailing list (or 1 email to 1500 subscribers, respectively). Each email account is entitled to 10 GB of storage space, while all active email accounts under a hosting account must not exceed 40 GB in size. Only the ENTERPRISE plan has an email storage quota of 60 GB. Each email account can host up to 200.000 stored messages.

      You can manage as many mailboxes as you need under one account as long as you do not interfere with the other users on the server.

      If there are more than 3000 mailboxes in a given hosting account, its owner can cause high server load by just modifying a password or changing an alias.

      This is why, if a particular mailbox simultaneously accommodates multiple emails and its owner often often executes changes like the ones mentioned above, then we’ll be forced to disable that account and ask the respective client to migrate to a more resource-rich type of a hosting environment where mailbox modification operations cannot lead to server performance issues.

      Several specific limitations apply to the Domain Manager plan-included email service such as a maximum of 250 outbound emails per day/25 emails per hour. Your customers can see the specific disk storage quota allocation and the number of emails allowed in the Account Usage table in the Hepsia Control Panel.

    • FileQuota - There is no file quota limit for any one of our web hosting packages. You are allowed to have an unlimited number of files in your hosting account.

    • DiskSpace & Traffic - XOOMSERVERS.NET offers generousamounts ofdisk space and network bandwidth. Customers must not allow otherwebsites or hosting servers to link to files stored in their hostingaccounts, and thus steal network traffic. In order to escape unjustdistribution of the resources, as well as possible sharing ofillegal content, Customers are not allowed to use their hostingaccounts as a remote storage server only or solely for the purposeof sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer's total monthly traffic usage. Upon request, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes - the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid..

    • MySQLusage - each database hosted in our system can be used onlybythe user who created it. Another user, whose account is hosted onthe same or on another server, cannot use the database created inthe first-mentioned customer account. The MySQL database has a limitof 45,000 queries per hour. If you have reached 45,000 queries per agiven hour, you will not be able to make any more queries. In thenext hour you will have access to the database again and the counterwill be reset. You can make a maximum of 15 simultaneous connectionsto a MySQL database.

    • Accessand error logs - The access and error logs for all client'shosts in one account should not exceed 500 MB in total.


    "UNLIMITED" USAGE POLICIES AND DEFINITIONS


    The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by XOOMSERVERS.NET, which is not set to a predefined limit value (for example - unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

    In all cases, when a service is listed as “Unlimited“, it is intended for normal web hosting usage only - all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

    Our Unlimited service offers are not designed to allow a single user to influence the overall server performance. XOOMSERVERS.NET will make every effort to provide its customers with additional resources whenever possible, including the relocation of a customer's hosting account to a newer, faster server. However, if the resource usage reaches a level where it may influence the overall server performance in a negative way, XOOMSERVERS.NET reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers' websites, website content, electronic mail, or termination of a customer's account according to XOOMSERVERS.NET's sole and absolute discretion.


    SERVERUSAGE &HOSTED CONTENT


    • Servercontent MUST comply with the parameters stated in this TOSandour AUP (Acceptable Use Policy). Web content requirements excludethe publication of illegal content or content consideredinappropriate otherwise. If any of XOOMSERVERS.NET Services are usedfor the illegal purpose of SPAM or UCE, then they will be terminatedinstantaneously. XOOMSERVERS.NET expressly bans the use of anyXOOMSERVERS.NET hardware or software hosted on a XOOMSERVERS.NETserver for trying to illegally access another hosted machine ornetwork. For more detailed information regarding all prohibited usesof our server network, please closely review next chapter of theseTerms and our AUP (Acceptable Use Policy). If you still haveinquiries over the matter, feel free to contact a XOOMSERVERS.NETService representative.

    • We offer free themes with each hosting account, which customers can use for their sites. The images used in the featured sliders, the logo images and background photos are provided to demonstrate the theme only. They are not part of the theme and can't be used in the customers' live site.
    • Using If your website has been hacked/ infected with malicious content, we reserve the right to access your hosting account and delete the corrupted files. In this case, there will be no need for your account to be suspended. This way, your website(s) will be brought back to their normal state and you will be able to continue using our service.

    • Using XOOMSERVERS.NET temporary URL is notdefined as a bandwidth stealing. However customers should not relyon XOOMSERVERS.NET temporary URL as a basicURL. Traffic processing there is not recommendable. XOOMSERVERS.NETcannot and will not be held responsible for changing it afterwards.Customers are advised to use it temporarily and redirect theirtraffic to their own domains.


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  7. NO UNLAWFULORPROHIBITED USE

    As a condition for customer use of XOOMSERVERS.NET Services, You - the Customer, agree that you will not use XOOMSERVERS.NET Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). XOOMSERVERS.NET servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.

    You also agree, that you will not use the Services in a manner that:

    • Is illegal, or promotes or encourages illegal activity such as ponzi schemes;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Participates or promotes the transmission of copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
    • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that You owe to another Customer or any other person or entity;
    • Interferes with the operation the XOOMSERVERS.NET's Services;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding XOOMSERVERS.NET's Services.


    XOOMSERVERS.NET servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company's Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any XOOMSERVERS.NET Services, other accounts, computer systems or networks connected to any XOOMSERVERS.NET Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by XOOMSERVERS.NET Services.

    Customers are solely responsible for the content of their messages. Using XOOMSERVERS.NET Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

    XOOMSERVERS.NET's management will thoroughly scrutinize all received orders and decide, at their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. XOOMSERVERS.NET reserves the right to refuse service to unlawful parties. XOOMSERVERS.NET reserves the right at all times to disclose any information, as XOOMSERVERS.NET deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, at the sole discretion of XOOMSERVERS.NET.



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  8. E-COMMERCECUSTOMERWEBSITES

    When buying an allocated space on XOOMSERVERS.NET servers for thepurpose of creating online stores or related e-commerce activitieswebsites, customers agree to be fully responsible for the development,operation and maintenance of their web sites, online stores ande-commerce activities within that websites. The Customer is the onlyone in charge of approving, processing and filling clients' orders andtaking care of clients' requests or complaints. The Customer is alsothe only one in charge of the payment or satisfaction of any and alltaxes related to his/her web site and online store. The Customer bearsthe responsibility for ensuring the security and confidentiality of anycustomer data (including, without limitation, customer credit cardnumbers) that he/she may receive in connection with his/her web site oronline store. Each customer is in charge of all products and services,as well as all contents and materials appearing online on his/here-commerce website, including:

    • the accuracy and relevance of Customer Content, andcontent andmaterial showcased in the Customer store or on its products;
    • certainty that the Customer Content and content andmaterials appearingin the Customer store or on its products do not violate or infringeupon the rights of any person;
    • certainty that the Customer Content and the content andmaterialsappearing in the Customer store or on its products are not calumnitousor somehow illegal.  

    Each Customer guarantees to XOOMSERVERS.NET that he/sheowns the rightto use the Customer Content and its material, including all text,graphics, sound, music, video, programming, scripts and applets. EachCustomer warrants to XOOMSERVERS.NET that the use, reproduction,propagation and transmission of the Customer Content and anyinformation and materials contained inside do not, and will not:

    • infringe or abuse any copyright, patent, trademark,trade secret or anyother proprietary right of a third party;
    • break any criminal law or manifest false advertising,unfaircompetition, vilification, privacy intrusion; violate a right ofpublicity or violate any other law or regulation.  

    Each Customer empowers XOOMSERVERS.NET to reproduce, copy, use andpropagate all and any part of the Customer Content for ensuring andoperating the Services. XOOMSERVERS.NET is granted the right toestimate, at its own discretion, the extent to which these operationsneed to be carried out.

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  9. THIRD PARTY DEALINGS

    Any dealings with third parties (including advertisers) carried outthrough XOOMSERVERS.NET Services, including participation inpromotions, payment for goods and services, and/or any other terms,conditions, warranties or representations associated with such dealingsor promotions, are solely between the Customer and the advertiser orthe other third party. XOOMSERVERS.NET shall not be responsible orliable for any part of such dealings or promotions.



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  10. CANCELLATION, REFUND & MONEY-BACK; CHARGEBACKS

    CANCELLATION& REFUNDS

    XOOMSERVERS.NET accounts are set up on a prepaybasis. XOOMSERVERS.NET customers maydecide to cancel their accounts at any time, however they will get afull refund of the service only if the cancellation request is madewithin 30 days of purchasing of the account, according to our MoneyBack Guarantee Policy

    Tocancel anaccount, the Customer needs to send an e-mail or support ticket toour Sales Department and provide any authentication credentialsrequested by XOOMSERVERS.NET. Other forms of cancellation requestswill not be accepted. Any incentives (free bonuses, etc.) offered tothe Customer upon sign-up will be also cancelled.

    Domainnameregistrations/transfers, serviceupgrades and web hosting plan renewals aretreated as non-refundableservices(see below) and cannot be cancelled or refunded after being activatedupon customer request. The Customer will have the opportunity totransfer his/her domain away to another host.

    Latecancellations,as well as accounts cancelled by XOOMSERVERS.NET. due to TOS violations(where the customer has decided not to fix the violation) do notqualify for the 30-day money back guarantee.

    Allcredit requestsfor VISA, MasterCard, American Express and Discovery payments areprocessed within 48 hours of the submission of the refund request (bye-mail or ticket, as mentioned above). The funds will be creditedback to the Customer's credit/debit card and affect the Customer'scredit/debit card balance in accordance with the credit/debit cardissuer's terms of service.

    Allcredit requestsfor PayPal payments are processed within 48 hours of the submissionof the refund request (by e-mail or ticket, as mentioned above). Thefunds will be credited back to the Customer's PayPal account andaffect the Customer's PayPal balance in accordance with thePayPal's terms of service.


    MONEY BACK GUARANTEE POLICY

    XOOMSERVERS.NET offers a 30-daymoney back guarantee. If you are notsatisfied with our hosting services, you can submit a refund request ina trouble ticket opened from your web hosting control panel, or viaemail sent to billing@duoservers.com, and receive full refund for yourhosting plan within 30 days of the purchasing of the account. Please,NOTE that domain name registrations/transfers are non-refundableservices (for more information see chapter 10 of this document).

    SSL certificate issuance, as a third-party service, is not covered by the 30-day money-back guarantee that XOOMSERVERS.NET provides for its web hosting services. An SSL certificate buyer is eligible for a refund within 7 days of purchase.

    All recurring payments, as well as all payments made via a wire transfer, are non-refundable and are not covered by the 30-day money-back guarantee.


    NON-REFUNDABLESERVICES


    Non-RefundableServices: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

    Alldomainregistrations and domain transfers are final, do not include anymoney-back guarantee and will be subject to a fee that is calculatedon the basis of the actual NON-PROMOTIONAL annual price of thepurchased domain's TLD, multiplied by the number of years ofregistration or transfer. Any refund amount credited back to theCustomer in accordance with our 30-day money back guarantee will notinclude the cost of the non-refundable services (if any) that havebeen purchased with the Customer's web hosting plan upon sign-up(i.e. the Customer will be issued a partial refund on the originaltransaction if he/she has purchased non-refundable services withinthe web hosting account). A table containing the annualNON-PROMOTIONAL prices of all domain names offered by XOOMSERVERS.NETis located in section 3 of this legal document.


    CHARGEBACKS


    Chargebacksare notconsidered as a way of refunding. Any Customer who initiates a creditcard chargeback in response to a bill or order placed at XOOMSERVERS.NET will be subjectto full investigation.

    Whensigning up fora web hosting account with XOOMSERVERS.NET, customers agree to theconditions explicated in our AcceptableUsePolicy (AUP) and the Web Hosting Terms ofService (thisdocument). Thus, XOOMSERVERS.NET, as well as our authorized retailers(PayPal, WorldPay, 2CheckOut), will resort to these documents as anevidence for the Customer's agreement, especially in the event thata Customer sends a chargeback inquiry based on points that he/or shefirst accepted, but is trying now to refute.

    If/Whena chargebackreport is received, the first step of our XOOMSERVERS.NET team willbe to try to contact the user. Meanwhile, the user account will besuspended (in order to protect our system from fraudulent activityand misuse) and will remain suspended until the reasons for thechargeback have been clarified and decision has been taken foraccording action.

    Ifthe chargebackhas occurred due to some misunderstanding, a reverse paymentprocedure will be initiated with our authorized retailers and theaccount will be re-activated.

    Ifthe user has senta chargeback request based on groundless argumentation (to our ownjudgment and these Web Hosting Terms of Service), then a dispute willbe started with our authorized retailers in which the Web HostingTerms of Service (this document) and the AcceptableUse Policy of XOOMSERVERS.NET will serve asproof of theCustomer's agreement. The retailers then, taking into considerationall provisions in these legal documents, will decide whether theCustomer has had sufficient grounds for the chargeback or XOOMSERVERS.NEThas the right to a reverse payment.

    Incase that thechargeback originates from a fraudulent user and no reverse paymentprocedure can be initiated, then the respective hosting account willremain suspended.



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  11. NEWS RELEASES

    Certain sections of XOOMSERVERS.NET news releases may containforward-looking statements projecting future events, such as newsoftware incorporations, updates, promotions, hosting introductions,etc. It is possible that these statements may deviate from the actualcircumstances, since they are treated as intentions and expressexpectations and approximate plans of action regarding the relevantforthcoming events.  

    Forward Looking Statements can be recognized by the availability ofindicative words such as "believes", “anticipates," "plans," "may,""hopes," "can," "will," "expects," "is designed to," "with the intent,""potential", etc. However, their availability is not a prerequisite fora forward-looking statement to be treated as such.



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  13. TORTUROUS CONDUCT

    Any way of indecent treatment towards a XOOMSERVERS.NET employee willbe considered as totally inappropriate and unacceptable. Each Customeris expected to communicate in an utterly polite and professional mannerwith XOOMSERVERS.NET employees regarding any request for help orconsultation, or any other reason for contacting our XOOMSERVERS.NETteam via e-mail, chat, phone or through our Ticket Desk Support System.Each Customer is expected to avoid any form of emotional outburst orinappropriate language, or any other attempt to be undermined theimportance of good ethics in communication and human relations. Any actof close nature, or other type of offensive, abusive, disrespectful orcondescending behavior - oral, written, or delivered by a second party- to members of XOOMSERVERS.NET customer care stuff will be interpretedas a breach of this TOS. XOOMSERVERS.NET reserves the right to assessat its sole discretion which behavior is to be considered as aviolation of the hereby stated rule and agreement, and to undertakeaccording actions, including refuse refunds to users whose accountshave been suspended for violating this TOS provision.



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  14. FORCE MAJEURECIRCUMSTANCES

    XOOMSERVERS.NET CANNOT and WILL NOT be liable for any failure or delayin doing its professional duties resulting from circumstances beyondits physical control. Such circumstances may represent acts of anygovernmental body, war, rebellion, sabotage, embargo, fire, flood,strike or other labor disturbances, interruption of or delay intransportation, unavailability of, interruption or delay intelecommunications or third party services (including DNS propagation),failure of third party software or hardware, or inability to obtain rawmaterials, supplies or power used in or equipment needed forprovisioning of the Services.



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  15. SERVICEPROVISION; WARRENTIES AND REPRESENTATIONS

    You understand and agree that the Service is provided on an ‘AS-IS'basis without warranties or representations for its offering. Thecompany bears no responsibility for connection problems in cases whencustomer's hosting with XOOMSERVERS.NET confronts with serviceinterruption issues. XOOMSERVERS.NET assumes no liability for anyservice failure, or failure to deliver or store any Customercommunication or personalization settings.



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  16. SERVICEDISCONTINUANCE

    XOOMSERVERS.NET reserves the right to discontinue the delivering of theservices and terminate this agreement for a certain period of time orindefinitely, with a prior notice. If the reason for this is Customer'sfailure to observe these Web Hosting Terms of Service and/or ourAcceptable Use Policy, no refund will be issued to the customer for theunused period of his/her annual subscription with XOOMSERVERS.NET. Ifthe Customer has not violated any part of these Web Hosting Terms ofService, the Acceptable Use Police and/or any other related documents(Customer agreements) mentioned hereby - the Customer will receivepartial refund covering the period of his/her web hosting subscriptionwith XOOMSERVERS.NET that has not been used.

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  17. COMPLAINTSPROCEDURE

    XOOMSERVERS.NET is dedicated to providing the highest levels ofcustomer service round the clock. If you feel dissatisfied with anyaspect of our service, you are encouraged to make use of our complaintsprocedure detailed below.

    In order to file a complaint, please send us an email tocomplaints@duoservers.com, specifying the nature of the problem you areexperiencing. Please, provide us with as many details about yourparticular case as possible. The more we know about the situation, thebetter, prompt and adequate our resolution will be.

    Here are our steps of addressing every single complaint:

    1.XOOMSERVERS.NET will confirm receipt of your complaint in writing,notifying you that the complaint will be addressed without delay.XOOMSERVERS.NET reserves the right to refuse to investigate complaintswhich are apparently frivolous, abusive or offensive.  

    2.XOOMSERVERS.NET customer care representative will review yoursituation, search for an appropriate solution and inform you of thetimeframe within which a response should be expected.

    3. Ifthe XOOMSERVERS.NET Customer Care representative is not able to resolveyour case within the pre-announced period, your complaint will beescalated to a Customer Care manager.

    4. Ifthe XOOMSERVERS.NET Customer Care manager also can't provide you withan appropriate solution, then your complaint will be forwarded to theCompany Director, who will further investigate the situation and ensurethat all necessary measures have been taken. The Company Director willrespond in writing within two working days, and reply with a solutionwithin five working days.  

    5. Analternative complaint submission method is sending a fax to thefollowing number: +1.510.868.6446



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  18. CUSTOMERSERVICE CONTACT DETAILS



    Customerscan get in touch with our Customer Service via any of the contactoptions listed below:

    1. Open a trouble ticket from the customer Web Hosting Control Panel(section Help Center - > Open New Ticket)

    2. Phone or Fax:

    US TOLL FREE PHONE: +1-855-211-0932
    INTERNATIONAL PHONE: +1-727-546-4678
    UK PHONE : +44-20-3695-1294
    AU PHONE : +61-2-8417-2372

    3. Send us a Letter to:

    LiquidNet US LLC
    6750 North Andrews Ave
    Suite 200
    Fort Lauderdale, FL 33309
    United States of America

    LiquidNet Ltd.
    13 Craigleith
    7 Kersfield Road
    Putney, London SW15 3HN
    United Kingdom

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  19. REVISIONS

    In order to improve its web hosting and customer care services,XOOMSERVERS.NET reserves the right to revise these terms and conditionsat any time without prior notice. Customers are encouraged therefore toreview this document periodically.



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  20. ASSIGNMENT

    Customers do not have the right to assign this Agreement without theexplicit permission of XOOMSERVERS.NET. This Agreement shall be inforce and effect to the total benefit of the Customer andXOOMSERVERS.NET, and their successors and permitted assigns.



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  21. TERMINATION

    You agree that XOOMSERVERS.NET, at its sole discretion, may terminateyour password, account or use of the Service(or any part thereof), andremove and discard any Content within the Service if you violate thisAgreement.